Title 30 TAC 116.716 - 760, April 19, 1996Synopsis of specific rules from air permitting that were in effect on this date.http://www.tceq.com/permitting/air/permitbyrule/historical_rules/old116/496/716.htmlhttp://www.tceq.com/@@site-logo/tceqlogo-3colors.gif

Title 30 TAC 116.716 - 760, April 19, 1996

Synopsis of specific rules from air permitting that were in effect on this date.

(a) Emission caps. Each emission cap for a specific pollutant
will be established as follows:

(1) emissions will be calculated for each facility based on
application of current Best Available Control Technology at
expected maximum capacity;

(2) the calculated emissions will be summed.

(b) Individual emission limitations. An individual emission
limitation will be established in the same permit for each
pollutant not covered by an emission cap for facilities covered by
the flexible permit. In addition, an individual emission limitation
may be established for a pollutant covered by an emission cap when
the expected capacity of a facility is less than the expected
maximum capacity to prevent a facility from exceeding emission
levels appropriate for the proposed controls.

(c) Readjustment of emission cap. If a facility subject to an
emission cap is shut down for a period longer than 12 months, the
emission cap shall be readjusted by lowering the emission cap by an
amount that the shut down facility contributed to the original
calculation of the emission cap. If a new facility is brought into
the flexible permit, an emission cap shall be adjusted by modifying
the emissions cap accordingly.

(d) Insignificant emission factor. The emission caps and
individual emissions limitation calculated pursuant to this section
may include an Insignificant Emissions Factor which does not exceed
9.0% of the total emission cap or individual emission
limitation.

(e) An emission cap will be readjusted downward for any facility
covered by a flexible permit if that facility becomes subject to
any new state or federal regulation which would lower emissions or
require an emission reduction. The adjustment will be made at the
time the flexible permit is amended or altered. If an amendment to
a flexible permit is not required to meet the new regulation, then
within 60 days of making the change, the permittee must submit a
request to alter the permit and include information describing how
compliance with the new requirement will be demonstrated.

116.717 Implementation
Schedule for Additional Controls

If a facility requires the installation of additional controls
to meet an emission cap for a pollutant, the flexible permit shall
specify an implementation schedule for such additional controls.
The permit may also specify how the emission cap will be adjusted
if such a facility is taken out of service or fails to install the
additional control equipment as provided by the implementation
schedule.

116.718 Significant Emission
Increase

An increase in emissions from operational or physical changes at
an existing facility covered by a flexible permit is insignificant,
for the purposes of state new source review under this subchapter,
if the increase does not exceed either the emission cap or
individual emission limitation. This section does not apply to an
increase in emissions from a new facility nor to the emission of an
air contaminant not previously emitted by an existing facility.

116.720 Limitation on
Physical and Operational Changes

Neither operational nor physical changes authorized under this
subchapter may result in an increase in actual emissions at
facilities not covered by the flexible permit unless those affected
facilities are authorized pursuant to § 116.110 of this title
(relating to Applicability).

116.721 Amendments and
Alterations

(a) Flexible permit amendments. All representations with regard
to construction plans and operation procedures in an application
for a flexible permit, as well as any general and special
provisions attached, become conditions upon which the subsequent
flexible permit is issued. It shall be unlawful for any person to
vary from such representation or flexible permit provision if the
change will cause a change in the method of control of emissions,
the character of the emissions, or will result in a significant
increase in emissions, unless application is made to the executive
director to amend the flexible permit in that regard and such
amendment is approved by the executive director or the Texas
Natural Resource Conservation Commission (TNRCC). Applications to
amend a flexible permit shall be submitted with a completed Form
PI-1 and are subject to the requirements of § 116.711 of this
title (relating to Flexible Permit Application).

(b) Flexible permit alterations.

(1) A flexible permit alteration is for any variation from a
representation in a flexible permit application or a general or
special provision of a flexible permit that does not require a
flexible permit amendment.

(2) All flexible permit alterations which may involve a change
in a general or special condition contained in the flexible permit,
or affect control equipment performance, must receive prior
approval by the executive director. The executive director shall be
notified in writing of all other flexible permit alterations within
ten days of implementing the change, unless the permit provides for
a different method of notification. Any flexible permit alteration
request or notification shall include information sufficient to
demonstrate that the change does not interfere with the owner or
operator's previous demonstrations of compliance with the
requirements of § 116.711 of this title, including the
protection of public health and welfare. The appropriate TNRCC
Regional Office and any local air pollution program having
jurisdiction shall be provided copies of all flexible permit
alteration documents.

(3) Flexible permit alterations shall not be subject to the
requirements of Best Available Control Technology identified in
§ 116.711(3) of this title.

(c) Changes not requiring an amendment or alteration. The
following changes do not require an amendment or alteration, except
that an amendment is required if the change will cause a change in
the method of control of emissions, the character of the emissions,
or will result in a significant increase in emissions:

(1) a change in throughput; or

(2) a change in feedstock.

(d) Standard exemption in lieu of permit amendment or
alteration.

(1) Notwithstanding subsections (a) or (b) of this section, no
permit amendment or alteration is required if the changes to the
permitted facility qualify for an exemption under Subchapter C of
this chapter (regarding Permit exemptions) unless prohibited by
permit provision as provided in § 116.715 of this title
(relating to General and Special Conditions). All such exempted
changes to a permitted facility shall be incorporated into that
facility's permit at such time as the permit is amended or
renewed.

(2) Emission increases authorized by standard exemption at an
existing facility covered by a flexible permit shall not cause an
exceedance of the emissions cap or individual emission
limitation.

116.722 Distance
Limitations

No flexible permit may be issued unless the distance and
location restrictions found in § 116.117 of this title
(relating to Distance Limitations) are met.

116.730 Compliance
History

As part of a flexible permit review, or the review of an
amendment of a flexible permit, or renewal of an existing flexible
permit, the provisions found in the undesignated head regarding
Compliance History in Subchapter B of this chapter shall be
applicable to the facility, group of facilities, or account being
permitted, amended, or renewed.

116.740 Public Notice and
Comment

Any person who applies for a flexible permit or an amendment to
a flexible permit shall comply with the provisions in the
undesignated head regarding Public Notification and Comment
Procedures in Subchapter B of this chapter.

116.750 Flexible Permit
Fee

(a) Fees required. Any person who applies for a flexible permit
or for an amendment to an existing flexible permit shall remit, at
the time of application for such permit, a fee as set forth in
subsection (b) of this section. Fees will not be charged for
flexible permit alterations, changes of ownership, or changes of
location of permitted facilities.

(b) Fee amounts. The fee to be remitted with a flexible permit
application shall be based on the total annual allowable emissions
from the permitted facility, group of facilities, or account for
which the flexible permit is being sought. The fee shall be $25 per
ton with the minimum fee being $450 and the maximum fee $75,000.
For flexible permit amendments, the fee shall be calculated based
on $25 per ton for the incremental emission increase with the
maximum fee being $75,000.

(c) Payment of fees. All permit fees for a flexible permit shall
be remitted in the form of a check or money order made payable to
the Texas Natural Resource Conservation Commission (TNRCC) and
delivered with the application for flexible permit or flexible
permit amendment to the TNRCC Office of Air Quality New Source
Review Program. Required fees must be received before the agency
will begin examination of the application.

(d) Return of fees. Fees must be paid at the time an application
for a flexible permit or flexible permit amendment is submitted. If
the applicant withdraws the application prior to issuance of the
flexible permit or flexible permit amendment, one-half of the fee
will be refunded, except that the entire fee will be refunded for
any such application for which a standard exemption is allowed. No
fees will be refunded after a deficient application has been
voided, denied, or after a flexible permit or flexible permit
amendment has been issued by the agency.

116.760 Flexible Permit
Renewal

Flexible permits will be renewed in accordance with Subchapter D
of this chapter (relating to Permit Renewals).